Jana Kolarik Authors Article on the Impact of Medicare Advantage and Part D Final Rule for TPMOs and FDRs

Foley & Lardner LLP Partner Jana Kolarik authored the article, “Medicare Advantage and Part D Final Rule Affects Marketing and Sales Landscape for Not Only MA Plans and PD Sponsors, but also TPMOs and FDRs,” published by the American Health Law Association.

Referencing an earlier article in which Foley attorneys summarized the takeaways related to health equity and utilization management provisions from the Centers for Medicare and Medicaid Services (CMS) Final Rule published on April 14, 2023, Kolarik focuses her article on the changes made by to the Medicare Advantage (MA) and Part D programs marketing rules, which are applicable for all contract year 2024 marketing and communications beginning September 30, 2023.

Kolarik’s conclusion emphasizes that the Final Rule affects the marketing and sales landscape for not only MA Plans and Part D sponsors, but also Third Party Marketing Organizations (TPMOs) and First Tier, Downstream, and Related Entities (FDRs). She adds that while details are forthcoming from the Medicare Communications and Marketing Guidelines (MCMG) to flesh out the requirements, the preamble language to the Final Rule is helpful in understanding CMS’ intent at present.

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